(Image Source: LollerCoasterLab)

 

BY MADISON MACK

ANCHOR GARY COTTON


A US Judge has dealt Apple another setback in its patent crusade against Samsung. The judge denied an injunction that would have prevented Samsung from selling its Galaxy devices in the US.

The Verge breaks down the ruling.

“The move obviously means that Samsung will be able to continue to sell Android phones and tablets here in the US for the time being, but Judge Lucy Koh noted that Apple had proven it's likely to succeed in proving that Samsung's product infringe its patents — the injunction wasn't granted because Apple didn't prove that leaving Samsung's products on the market would cause irreparable harm.”

Apple and Samsung are currently engaged in more than 20 lawsuits in 10 different countries. The US decision comes just days after Australian courts reversed a similar injunction preventing Samsung from selling its Galaxy devices.

But CNet reports, the judge didn’t buy all of Apple’s patent claims.

“For example, she said in respect to smartphones that ‘a size that can be handheld, a screen that encompasses a large portion of the front face of the smartphone, and a speaker on the upper portion of the front face of the product’ are not necessarily aesthetic features but functional ones that would make sense, and be legally allowable, on phones from Apple competitors.”

And a blogger for FOSS Patents speculates - Apple may have overestimated the value of its design patents.

“ …If Apple wants to defend market share against Samsung (and other Android device makers), it really needs to focus on solid technical patents instead. … I know many Apple fans won't be happy to hear that. After all, most of Steve Jobs's 300+ patents are design patents.
The US Patent and Trademark Office honored Jobs with an exhibition related to his patented inventions and creations. The harsh reality is that those design patents aren't useful for much more than such a purpose.”

A writer for the Wall Street Journal says the smart phone war is swinging against Apple.

“But the decision of a court in San Jose, Calif., was always seen as potentially pivotal given the size and importance of the U.S. market … Apple's main complaint won't be heard until months from now. In the meantime, Samsung gets more of its products in front of more U.S. consumers. That is what Apple fears most.”

So what does this mean for consumers? According to Gizmodo …

“… it means you won’t be seeing Galaxy phones and tablets disappearing from store shelves anytime soon. So hooray for choice! But seeing as a final verdict has yet to be reached, combined with the fact that Samsung was determined to have likely infringed upon multiple Apple patents … it’s likely that they’ll end up having to pay a metric-butt-ton of royalties to them.”

The main trial is set to begin in July 2012.